While RPG Industrial Products Pvt. Ltd. deals in polyester wool, RPG Enterprises Limited does cover clothing, footwear, and headgear too.
Since ‘RPG‘ has already been declared as a well-known mark, it is entitled to protection not only against identical or similar goods, but also against dissimilar goods. Full Bench of Calcutta High Court in Sony v. Mahaluxmi Textile Mills, 2009 SCC OnLine Cal 531 held, “Even if goods or services of rival traders are different, in our opinion this factor alone would not altogether eliminate possibility of confusion or deception. If a highly distinctive trade mark is applied to a class of goods which its proprietor does not deal with, consumers may always wonder the proprietor has launched a new product.”
– Hon’ble Justice Mini Pushkarna of Hon’ble High Court of Delhi, RPG Enterprises Limited v. RPG Industrial Products Pvt. Ltd., [C.O.(COMM.IPD-TM) 203/2022] decided on 08.01.2025.
It was contended, Mahendra & Mahendra v. Mahindra & Mahindra, AIR 2002 SC 117 was restricted to instances of (identical) corporate names and did not apply to a general passing off enquiry. The submission was rejected ‘straightaway‘. Court said in Sony v. Mahaluxmi Textile Mills, 2009 (41) PTC 184 (Cal)(FB), “We do not find any rationale for applying a separate yardstick while testing Plaintiff’s claim in a passing of action founded on allegation of misuse of a mark by its application on a range of goods different from those of Plaintiff’s.”
